House of Lords: Post Received

Lord Norton of Louth: asked the Chairman of Committees:
	What was the monthly average of the number of items of post received in the House of Lords in 2003; and how this compares to the figures for 2002 and 2001.

Lord Brabazon of Tara: The total number of items of post received in both Houses of Parliament in 2003 was 12.5 million items. The House of Lords receives an estimated 20 per cent of the post received, giving an annual figure for the Lords of approximately 2.5 million items, or an average of just over 208,000 items per month.
	Prior to 2003, the volume of post received was measured by weight rather than by number. There has, however, been an estimated annual increase of 2.5 per cent in the number of items of post received since 2001.

Police Service of Northern Ireland

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord President on 20 November (WA 357), why the physical competence test for the Police Service of Northern Ireland was moved to the training stage for recruits; and whether it is still a condition of entry to the police.

Baroness Amos: The physical competence test is now completed during training rather than during initial selection. This allows suitably qualified candidates to be given expert advice on physical fitness and is intended to provide more people with the opportunity to qualify for entry into the Police Service of Northern Ireland.
	Trainees cannot graduate and be attested as constables unless they have reached the same high standard of fitness that was previously required.

North/South Language Implementation Body: Budget 2004

Lord Laird: asked Her Majesty's Government:
	Why the Eire Government announced the 2004 budget allocations for the Cross-Border Language Implementation Body unilaterally in November; and why the proper procedure was not used; and
	Whether they had advance knowledge of the announcement of the 2004 budget for the Cross-Border Language Implementation Body; and, if so, what action they took in response; and
	What business case the Eire Government used to set the budget for 2004 for the language implementation body; and who had approved the budget at the time of announcement in November.

Baroness Amos: The 2004 budget for the North/South Language Body has not yet been announced. The recommended budget allocation for the North/South Language Implementation Body will be subject to agreement by Ministers North and South in accordance with the arrangements under the agreement made by the exchange of notes between the two governments dated 19 November 2002. This process has not been completed in respect of 2004. Proper procedure is being followed in line with the budgetary process as set out in the North/South Language Body's Financial Memorandum. The business plan as required by the financial memorandum has not yet been agreed.

North/South Implementation Bodies

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer concerning the supply of final accounts for cross-border implementation bodies, why there was a delay in the accounts for 2000 for Foyle, Carlingford and Irish Lights Commission; and whether they regard the delay as satisfactory.

Baroness Amos: The main reason for the delay in publication of the 2000 accounts for the Foyle, Carlingford and Irish Lights Commission was due to the auditor of the Foyle Fisheries Commission, the predecessor body, not certifying the commission's final accounts until October 2002. This was because the accounting standards applicable to the FFC were changed and the new standards created difficulties with regard to the funding of the FFC Pension Scheme. Previous assurances with regard to the funding that had been provided by the commission's sponsoring departments were no longer adequate to allow the auditor's certificate. Lengthy discussion with the Department of Finance (ROI) eventually agreed that resolution would only be achieved if a qualification of the accounts was provided by the auditor.
	The late publication is not deemed satisfactory.

North/South Implementation Bodies

Lord Laird: asked Her Majesty's Government:
	Whether under the care and maintenance policy in place for cross-border implementation bodies it is possible for a decision to be taken to relocate a headquarters to a different area.

Baroness Amos: Under the care and maintenance policy in place for North/South implementation bodies it would be possible for a decision to be taken to relocate a headquarters to a different area.

North/South Implementation Bodies

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord President on 18 December 2003 (WA 162) concerning the pension provision for staff of cross-border implementation bodies, what was the outcome of the meeting on 15 December 2003.

Baroness Amos: The outcome of the meeting held on 15 December was that the parties present agreed to work to ensure that amendments to the legislative framework governing pensions in both the UK and Ireland will enable the early implementation of the pension scheme for the North/South bodies. As a result, further work is being taken forward by officials.

North/South Implementation Bodies

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord President on 8 September 2003 (WA 6) concerning the budget of the cross-border implementation bodies set up under the Belfast agreement, whether it is possible to change proportionality of the budgets between the British and Irish Governments; and, if so, whether this will be undertaken in respect of the 2004 budgets.

Baroness Amos: The proportionality of funding between the UK and Irish Governments is considered, and where necessary changed, as part of the annual budget process for North/South implementation bodies. This applies equally to the 2004 budget process.

Northern Ireland Police Ombudsman: Budget 2002–03

Lord Laird: asked Her Majesty's Government:
	In the financial year 2002–03 what was the proposed budget for the Northern Ireland Police Ombudsman; and how much was spent.

Baroness Amos: The Police Ombudsman has confirmed that the budget for her office for the financial year 2002–03 was £6,838,000 and that £6,517,806 was spent.

Waterways Ireland

Lord Laird: asked Her Majesty's Government:
	What plans Waterways Ireland has to improve the tourist potential of the waterway system in 2004.

Baroness Amos: Waterways Ireland's strategy for the development of inland waterways as a tourism resource is set out in the body's corporate and business plan 2002–04 a copy of which is available in the Library.
	A marketing and promotional strategy has been developed to generate an increased awareness and promote greater use of the inland waterways and will be launched in 2004.

Northern Ireland: Civil Servants and Smoking

Lord Laird: asked her Majesty's Government:
	What is the average annual cost of providing 144 smoking chambers on their premises in Northern Ireland for use by civil servants.

Baroness Amos: The information requested is not available and could only be obtained at disproportionate cost.

Northern Ireland Assembly: November 2003 Elections

Lord Laird: asked Her Majesty's Government:
	Whether they consider that the November 2003 elections to the Northern Ireland Assembly were fairly conducted.

Baroness Amos: Yes. The administration of elections in Northern Ireland is a matter for the Chief Electoral Officer. The Electoral Commission has a statutory obligation to produce reports on the running of all elections in the United Kingdom, including the recent Assembly elections in Northern Ireland. I understand the Electoral Commission's statutory report on the Assembly elections will be available in the spring.

International Financial Institutions

Lord Hylton: asked Her Majesty's Government:
	Whether they support the proposal for a Global Governance Group made up of the 24 heads of government whose countries provide directors for the World Bank and the International Monetary Fund, together with the United Nations Secretary-General and the heads of major international institutions.

Baroness Amos: The British Government are unaware of the proposal which is referred to here. However, we are strongly committed to broadening international debate and action on economic and social issues. We support efforts to enhance G8 outreach to developing countries, to strengthen the voice and representation of developing countries in the international financial institutions, and to deepen co-operation between the United Nations and the IFIs. Following the Anglo-French summit in November 2003, we shall continue to discuss with France and other partners ideas for new political arrangements in these areas.

Africa: Primary Education

The Earl of Sandwich: asked Her Majesty's Government:
	Whether they still expect all African countries to achieve universal primary education by 2015.

Baroness Amos: On present trends it is likely that some countries in sub-Saharan Africa will fail to reach the UPE goal by 2015. The Education for All Monitoring Report identifies 24 countries which are unlikely to reach this Millennium Development Goal. Countries affected by, and emerging from, conflict are most at risk. Good progress is being made in other countries.
	We are continuing to work in partnership with African Governments through bilateral and multilateral channels to address this situation. We have committed over £700 million to basic education since 1997 and project to spend about £1 billion on universal primary education in the years 2002–07.

Africa: Primary Education

The Earl of Sandwich: asked Her Majesty's Government:
	What evidence they have of the achievement of universal primary education in those African countries where they sustain an active education programme.

Baroness Amos: Good progress is being made towards the goal of universal primary education (UPE) in countries that fall under our public service agreement, such as South Africa, Ghana, Lesotho, Rwanda, Uganda and Zimbabwe.
	We have substantially increased our support to governments with credible plans for achieving UPE. These countries include Ethiopia, Malawi, Mozambique, Nigeria, Tanzania and Zambia. We do envisage however that some may continue to have difficulties in reaching this goal. Decisions taken recently by some governments, notably Kenya, to make primary schooling free will have a major impact. We judge that the situation will continue to improve in our partner countries as we project to spend £1 billion on UPE in the years 2002–07.

Africa: Primary Education

The Earl of Sandwich: asked Her Majesty's Government:
	Whether they have received any reports on the effect of the abolition of school fees, as in Malawi, on the achievement of universal primary education; and whether this experience may be relevant to other countries.

Baroness Amos: There has been a marked increase in enrolment in Malawi since school fees were abolished in 1994, resulting in a national net enrolment rate of 65.7 per cent 1 . The free primary education (FPE) policy, almost resulted in universal primary education (UPE) with an extra 1 million children enrolling at this time. However, there is still much to be done if UPE is to be achieved and maintained. Approximately 24 per cent 2 of primary school-age children are currently out of school. Families continue to bear other costs (i.e, school materials and uniform costs), and the increase of the prevalence of HIV/AIDS in the region results in some school-age children not going to school.
	1 1998 Census, National Statistical Office, Malawi
	2 ibid.
	Malawi's experiences in the introduction of FPE have been widely shared in the region through our country offices. A key lesson from this experience is the need to ensure that the education system can cope with a large influx of enrolling children before FPE is introduced so as not to affect the quality of education. Also, strong government commitment is crucial to achieving UPE.

Employment Tribunals: Exceptional Funding

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Chancellor on 5 July 2001 (WA 51), in respect of how many discrimination cases in employment tribunals has exceptional funding been granted; and what proportion of such funding has been granted for claimants alleging (a) sex discrimination, (b) race discrimination, (c) disability discrimination, and (d) other forms of discrimination, as the case may be.

Lord Falconer of Thoroton: Ministers can consider an application for exceptional funding under Section 6(8)(b) of the Access to Justice Act 1999 only when the Legal Services Commission recommends it. The provision came into force in April 2000. In 2000 and 2001, no exceptional funding applications for employment tribunals were recommended. In 2002, the commission recommended funding one application, for disability discrimination, which was approved. In 2003, one application for alleged discrimination under the Public Interest Disclosure Act 1998 was received, but funding was refused, as alternative funding was available. A further three applications for exceptional funding for employment tribunals were recommended in 2003, which are currently being considered. One concerns allegations of sexual discrimination, one of racial discrimination and the other of disability discrimination.

Indonesia: Human Rights in Aceh

Lord Avebury: asked Her Majesty's Government:
	Whether, in the light of the Human Rights Watch report published on 17 December 2003 Aceh Under Martial Law: Inside the Secret War, they will request the Indonesian authorities to invite the United Nations Human Rights Commission to send a team to Aceh, with a view to making a factual report on the situation to the forthcoming session of the Commission.

Baroness Symons of Vernham Dean: The Government are very concerned about the situation in Aceh and have regularly raised our concerns about human rights with the Indonesian Government. My honourable friend the Minister of State at the Foreign and Commonwealth Office (Mike O'Brien) last raised this when he met the Secretary General of the Indonesian Ministry of Foreign Affairs on 17 December 2003.
	On 6 November 2003, together with other members of the Tokyo Group (the EU, US, Japan and World Bank), we called for improved access to Aceh for international agencies and NGOs, and the impact of the people of Aceh to be minimised. On 10 December the Indonesian Government announced that the UN and International Committee of the Red Cross would be allowed access to Aceh for humanitarian purposes. We hope that this will provide an opportunity to obtain clearer information about the situation there.
	We are currently discussing with our EU partners which countries will be covered by the EU item 9 Omnibus Statement at this year's Commission on Human Rights, and which should be subject to a resolution. It is thus too early to make any comment on the issue.

Gypsy/Traveller Pupils: Key Stage 4 Participation

Lord Avebury: asked Her Majesty's Government:
	What action they are taking to improve the 47 per cent participation in education of traveller pupils at key stage 4 as outlined by the Office for Standards in Education's report Provision and support for Traveller pupils, of 3 December 2003.

Baroness Ashton of Upholland: We welcome the Ofsted report and the focus that it has brought to meeting the educational needs of gypsy/traveller pupils. We acknowledge that the participation rates of gypsy/traveller pupils at key stage 4 are unacceptably low.
	Local education authorities and schools have an important role to play in ensuring that all children receive a good quality education. Education welfare services in each area have a responsibility to identify vulnerable children, such as those from gypsy/traveller families, and to help them back in to education.
	In July 2003, to support schools and LEAs to meet the needs of gypsy/traveller pupils, the Department for Education and Skills published a good practice guide on raising the achievement of gypsy/traveller pupils which offers advice and practical guidance on actions to take to raise the achievement of gypsy/traveller pupils. The department is, additionally, funding a project in six LEAs at secondary school level which aims to improve attendance, raise attainment and engage gypsy/traveller parents through encouraging best practice.

Higher Education: Recruitment of Director of Fair Access

Lord Smith of Clifton: asked Her Majesty's Government:
	What are the terms of reference and job specification for the proposed holder of the Office for Fair Access in Higher Education.

Baroness Ashton of Upholland: The Director of Fair Access in Higher Education shall be recruited in accordance with the Commissioner for Public Appointment's code of practice for ministerial appointments to public bodies. The terms of reference and the job specification will be available when we begin recruitment.

Hutton Inquiry and Open Government

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they regard the method adopted by Lord Hutton's inquiry as making a significant contribution to the promotion of greater openness in government in publishing information about the workings of government.

Lord Filkin: Until such time as the inquiry by Lord Hutton has reported, the Government feel that it would be inappropriate to comment.

Gender Recognition

Lord Tebbit: asked Her Majesty's Government:
	Whether they intend to legalise marriage between persons each possessing the XX chromosome (or each possessing the XY chromosome) and each possessing the genitalia of the same sex.

Lord Filkin: The Government believe that marriage should only be possible between people of opposite gender in law. The Gender Recognition Bill will enable transsexual people who have gained legal recognition in their acquired gender to marry someone of the oppposite legal gender. Whether a transsexual person is able to marry someone of the opposite legal gender will depend on their gender in law and not their chromosomal make up or whether they have completed sex reassignment surgery. Marriages contracted by transsexual people once their change of gender has been legally recognised will be valid marriages between a male and female.

Gender Recognition

Lord Tebbit: asked Her Majesty's Government:
	Whether they attribute the same meaning to the word "sex" as to the word "gender".

Lord Filkin: No. It is, however, a fundamental proposition of the Gender Recognition Bill that, following legal recognition in their acquired gender, a transsexual person will be regarded in UK law as being of the acquired gender for all purposes and that in law that acquired gender will be the same as any legal definition of their sex. This means that, following legal recognition, if the acquired gender is the male gender, the person's sex in law becomes that of a man and if the person's acquired gender is the female gender, the person's sex in law becomes that of a woman. Where under any legislation it is necessary to decide the sex of a person who has an acquired gender, or to say whether that person is a man or a woman, or male or female, the question must be answered in accordance with the person's acquired gender.

Gender Recognition

Lord Tebbit: asked Her Majesty's Government:
	Whether they are aware of any cases of persons certified at birth as male who have given birth to children.

Lord Filkin: I am not aware of any cases of persons certified at birth as male who have given birth to children, nor is any record kept.

Gender Recognition

Lord Tebbit: asked Her Majesty's Government:
	How many people have changed their sex in the last five years for which records are available.

Lord Filkin: According to data collected by the Department of Health from primary care trusts in England, there were 364 finished admissions for operations for sexual transformations in the NHS between 1998 and 2003. That figure does not account for those being treated within the NHS for gender identity disorders, but who are yet to receive in patient care. Records are not available for the number of people who have undergone, or are undergoing, sex change treatment abroad or in private practice.

Gender Recognition

Lord Tebbit: asked Her Majesty's Government:
	Whether they will make it a criminal offence to lie when a person is asked about his or her biological sex by a member of the clergy in connection with a marriage ceremony.

Lord Filkin: There is nothing to prevent a minister asking a parishioner whether they have lived previously in another gender. Whether the parishioner chooses to volunteer the information, or answer a question that has been asked, is a matter for that individual and for the relationship between the parishioner and the clergyman. This is not an area in which the state should get involved. Ultimately, it seems unlikely that a person who has changed gender would place him or herself in the embarrassing position of forcing the issue before a minister who, in conscience, did not want to marry him or her. The Government agreed in Grand Committee on 14 January to look again at the detail of the "conscience clause" within the Gender Recognition Bill and to consider providing further protection for the conscience of the clergy.

Gender Recognition

Lord Tebbit: asked Her Majesty's Government:
	Whether it will be possible for biological male persons whose births have been registered as female under the Gender Recognition Bill to be charged with, and found guilty of, rape of a female person.

Lord Filkin: A transsexual person who has been legally recognised as a woman by law in the UK under gender recognition legislation could be charged with, and found guilty of, the rape of another female person. The Sexual Offences Act 2003 in England and Wales is very specific about the relevant act, rather than the gender or sex of the defendant or complainant. Because many sexual offences in Scottish law remain gender-specific, the Gender Recognition Bill includes a clause relating to Scottish gender-specific offences. Northern Ireland is currently reviewing its legislation on sexual offences with the intention of recasting this to be gender neutral.

Health Cash Plan Providers: Tax Treatment of Surpluses

Lord Clement-Jones: asked Her Majesty's Government:
	What progress has been made in addressing the problems caused to HealthSure Group Ltd and other not-for-profit health cash plan providers by the change in the tax treatment of surpluses; and whether they will ensure that a satisfactory solution is found so as not to impact adversely upon such providers or the charitable donations they make from such surpluses to the National Health Service and medical charities.

Lord McIntosh of Haringey: After discussions between the Inland Revenue and representatives of health cash plan providers, it was agreed it was necessary to tailor solutions that took account of the differing circumstances of the providers. Inland Revenue staff have been working with the individual cash plan providers on an agreed timetable to ensure a smooth change to the tax treatment of surpluses.
	For those health cash plan providers who opt to change their constitution to comply with the requirements for mutual trading, the Inland Revenue is allowing tax exemption to apply through the transition. For these, there is no impact on charitable donations.
	For those that prefer not to change their constitution, their surpluses will, from a date to be agreed with their inspector, be chargeable to tax as trading profits. However, they can make donations to charities, which qualify for tax relief under gift aid rules, so in practice, they will see little change from the previous situation.
	The impact of these changes depends largely on decisions taken by individual health cash plan providers.

Construction Industry: Raw Materials

Lord Taylor of Warwick: asked Her Majesty's Government:
	What steps they will take to repair the national shortage of raw materials which contributes to the growth in costs in the construction industry.

Lord Sainsbury of Turville: Primary material producers make a number of returns. We also have a regular dialogue with both primary producers and downstream processors for construction products. Neither is indicating any significant delays or shortages due to lack of raw materials.